Design-Build Explained

228 Pages·1991·18.082 MB·English

by  David E. L. Janssens (auth.)

Design-Build Explained
Macmillan Building and Surveying Series
Series Editor: lvor H. Seeley
Emeritus Professor, Nottingham Polytechnic
Advanced Building Measurement, second edition, lvor H. Seeley
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Building Economics, third edition lvor H. Seeley
Building Maintenance, second edition lvor H. Seeley
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Building Quantities Explained, fourth edition lvor H. Seeley
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Computers and Quantity Surveyors A. J. Smith
Contract Planning and Contract Procedures, second edition B. Cooke
Contract Planning Case Studies B. Cooke
Design-Build Explained D. E. L. Janssens
Development Site Evaluation N. P. Taylor
Environmental Science in Building, second edition R. McMullan
Housing Associations Helen Cope
Introduction to Valuation D. Richmond
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Property Valuation Techniques David Isaac and Terry Steley
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1980 }CT Standard Form of Building Contract, second edition R. F. Fellows
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Design-Build
Explained
David E.L. Janssens
M
MACMILLAN
©DEL Janssens 1991
All rights reserved. No reproduction, copy or transmission
of this publication may be made without written permission.
No paragraph of this publication may be reproduced, copied
or transmitted save with written permission or in accordance
with the provisions of the Copyright, Designs and Patents Act
1988 or under the terms of any licence permitting limited
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Place London WC1 E 7DP.
Any person who does any unauthorised act in relation to
this publication may be liable to criminal prosecution and
civil claims for damages.
First published 1991
Published by
MACMILLAN EDUCATION LTD
Houndmills, Basingstoke, Hampshire RG21 2XS
and London
Companies and representatives
throughout the world
Typeset by Ponting-Green Publishing Services, London
Cover photograph credits:
Client: StMartin's Property Corporation
Design-Build Contractor: Tarmac Construction Ltd
Architect: Fitch Benoy
Photograph: David Janssens
British Library Cataloguing in Publication Data
Janssens, David E. L..
Design-build, explained.-(Macmillan building and surveying)
I. Title II. Series
692
ISBN 978-0-333-54811-0 ISBN 978-1-349-21601-7 (eBook)
DOI 10.1007/978-1-349-21601-7
Contents
Check Lists, Tables and Charts ix
Preface xi
Acknowledgements XV
I BABIC CONCEPI'S 1
1 Introduction and Reading Routes 3
2 Definitions 8
3 Recent Development of Design-Build 11
Historical Development of Design-Build 11
Package Deals 11
Stagnation of Package Dealing 12
Design-Build of the 1980s and 1990s 14
Changes in the character of the industry 14
Publication of the JCT 1981 Form 14
Resolution of previous problems 15
The current market 15
4 Forms of Contract 16
Background to the production of JCT 1981 form 17
Background to the BPF and the BPF/ACA form 18
Main provisions of the JCT/BPF supplement 19
Background to the GC;WORKS/1 (Edition 3) form 20
Provisions of the standard forms 20
Contract documents 20
Design liability 24
Variations 29
Extensions of time 31
5 Varieties of Design-Build Procurement 34
The Different Varieties of Design-Build 35
Develop and Construct 37
Design-Build (Single-Stage Tender) 39
Design-Build (Two-Stage Tender) 41
vi Contents
Negotiated Design-Build 43
Design and Manage 45
Turnkey 48
n THE EMPLOYER'S VIEW 51
6 Which Form of Procurement? 53
Non-Design-Build methods of procurement 53
Choice of Design-Build procurement method 57
Examples of projects and alternative options 62
Choice of contract form for Design-Build 66
Guidance given by the JCT 1981 Practice
Notes and the BPF Manual 67
7 Employer's Representation 69
Employer's representation for employer-led-design
projects 71
Work stages 72
Appointments to consider 77
Contractor's representation for contractor-led-design
projects 78
Work stages 78
Summary charts showing representation for
simple and complex projects 81
8 Employer's Consultants' Terms of
Appointment 83
Employer's Architect's appointment: 83
Conditions of appointment 83
Architect's services to be provided to
the employer 84
Fees for architect's services to the employer 86
Employer's professional quantity surveyor 88
9 Contractor Selection 90
The importance of choosing the right
contractor 90
First stage elimination process 92
Drawing up the short-list of contractors
to interview 94
Selection of a contractor for a negotiated project 99
Contents vii
10 Evaluation of the Contractor's Tender
Proposals 101
Evaluation of the contractor's proposals,
employer-led-design 102
Compliant tenders 102
Non-compliant tenders 102
Systematic checking of the proposal documents 104
General questions 104
Follow-up after checking the proposal documents 111
III THE CONTRACTOR'S VIEW 115
11 Contractor's Responsibilities/Risks 117
Additional responsibilities for the Design-Build
contractor 117
Responsibilities/risks related to design 118
Contractor's pricing risks 128
12 Selection and Appointment of Contractor's
Consultants 131
Novation agreements 132
Criteria for selecting consultants 133
Conditions of contractor's consultants' appointments 134
13 Contractor's Consultants' Pre-Contract
Services 136
Services required of the consultants 136
14 Tendering 147
Unorthodox enquiries 149
Orthodox enquiries 151
Tender preparation 152
Tender strategy 157
Meetings and co-ordination during the tender period 161
Tender documentation 164
15 Contract Documents- Contractor's Action 167
Letters of intent 168
Contract Documents-JCT 1981 form of contract 169
Contract Documents- BPF/ACA contract 174
viii Contents
16 Contractor's Consultants' Post-Contract
Services 177
Contractor's architect's post-contract services 178
Contractor's structural engineer's post-contract services 180
Contractor's building services engineers'
post-contract consultancy 181
Contractor's consultants' fees 185
17 Valuation of Changes 188
Source of a change 189
Contractor's firm proposals for a change 190
Involvement of the consultants 191
The contractor's estimated cost 191
Documents describing the proposed change 196
Proceeding with a change before agreement on cost
and time 197
What if the change does not go-ahead? 198
IV RELATED TOPICS 201
18 Value Engineering and Design-Build 203
19 Collateral Warranties 207
Index 211
Check Lists, Tables and
Charts
Constituent bodies of the JCT 17
Traditional JCT forms of contract 19
Stages of the BPF system 19
Provisions of the JCT 1981 supplement (1988) 19
JCT 1981 contract documents 20
BPF/ACA contract documents 23
Statutes relevant to design liability 26
Court decisions relevant to design liability 26
JCT 1981 form, changes within the employer's control 29
JCT 1981 form, changes outside the employer's control 30
JCT 1981 form, changes due to contractor's default 30
BPF/ACA form, changes within the client's control 30
BPF/ACA form, changes outside the client's control 31
BPF/ACA form, changes due to contractor's default 31
Grounds for extension of time JCT 1981 and BPF/ACA 32
Varieties of Design-Build 36
Typical drawings Develop and Construct enquiry 37
Typical specifications Develop and Construct enquiry 38
Typical drawings Design-Build (2-Stage tender) enquiry 37
Typical specifications Design-Build (2-Stage tender) enquiry 38
Typical drawings Design-Build (1-Stage tender) enquiry 37
Typical specs Design-Build (1-Stage tender) enquiry 38
Cost limitation measures, negotiated Design-Build 45
Non-Design-Build forms of contract 56
Design factors affecting procurement choice 59
Cost factors affecting procurement choice 60
Time factors affecting procurement choice 60
'Other' factors affecting procurement choice 61
Worked example for procurement method - hospital 62
Worked example for procurement method -factory 63
Worked example for procurement method -development 64
Worked example for procurement method - hotel 65
JCT 1981 form, employer's decisions in drafting 66
BPF/ACA form, employer's decisions in drafting 66
JCT 1981 guidance notes, CD/1 A and CD/1 B contents 67
BPF Manual contents 67
Project stage comparison RIBA, BPF, CAPRICODE 70
Employer representation, appointments to consider:
employer-led-design, by stages 71-77
contractor-led-design, by stages 77-81
ix